BEFORE THE HON'BLE INDUSTRIAL COURT AT

BHANDARA
Application (ULP) No._____/2018
APPLICANT: Shri. Bapurao s/o laxman Dhale aged
about 68 yrs, Occupation retired, r/o
Shivaji Chowk, Main Road, Dhapewada-
441501, Tah: Kalmeshwar, Dist:
Nagpur. (SINCE DEAD, through its
LRs;

Vs

RESPONDENTS: 1. The Commissioner, Office of

Matysa Vyavasaya, Maharashtra State,
Taraporvala Matsyalaya, Netaji
Subhash road, Charni Road, Mumbai-
02

2. State of Maharashtra, Agriculture

and Animal Husbandry, Dairy
Development and Fisheries, Mantralaya
Annexe, Mumbai-32 through its
secretary.

3. Assistant Commissioner Matsya

Vyavasaya, Bhandara, in front of LIC
office, behind Bawankar building,
Bhandara-441904.

Application Under Section 50 of MRTU and PULP act 1971

for recovery of Amount.

The Applicant most respectfully submits as under:-

1. That, the Applicant has filed complaint (ULP) no.

91/2012, alleging therein that the respondents
committed unfair labour practice under item 5 and 9
of the schedule IV of the MRTU & PULP act 1972.
The Applicant has contended in his complaint (ULP)
no. 91/2012 that, he was the employee of Fish
farmers Development Agency Bhandara, and he was
appointed by Chief Executive Officer of Fish farmers
Development Agency Bhandara, as a peon under the
pay scale of Rs. 200-3-230-5-255. That the then CEO
 of Fish farmers Development Agency Bhandara
became Assistant Commissioner Matsya Vyavsaya
Bhandara which/who works under the supervision
and control of Respondent 1 and 2. In the said
complaint the Applicant alleged that, by not
extending the pensionary benefits to Applicant, the
respondents are engaged into unfair labour practice
under item 5 and 9 of Schedule IV of the MRTU and
PULP act and claim reliefs against the respondents.
The parties to the said complaint led evidences on
their respective behalf and after hearing the parties,
the Hon'ble Industrial court at Bhandara allowed the
complaint of the Applicant and passed the following
order dated 29th July 2017:-
ORDER:

1) Complaint (ULP) No. 91/2012 is hereby allowed

with no order as to costs.
2) It is hereby declared that the Respondents have
engaged in unfair labour practice covered by items-
5 and 9 of Schedule IV of the MRTU & PULP Act,
1971.
3) Respondents are hereby directed to extend the
benefits of pension and other retiral benefits to the
Complainant, at par with the other employees
directly appointed by Respondent Nos. 1 and 2.
4) Respondents are hereby further directed to fix
the pension and to pay the same to Complainant
from the date of his retirement alongwith interest
at the rate of 9% per annum.
5) Complaint (ULP) No. 91/2012 accordingly stands
disposed of.

Place: Bhandara ( M.Q.S.M. Shaikh )

Dated: 29th July 2017 Member,

Industrial Court, Bhandara.

2. Since 29th July 2017, the Applicant pursued the

matter before the Respondents and contacted the
 office at Bhandara, and the officials of respondent no
3’s office at Bhandara and represent himself orally
about his pension demand, but respondent did not
respond properly and gave evasive answers and told
that, they will send the proposal to higher Office and
the Applicant will be informed accordingly and on
this oral promise from the respondent, the Applicant
waited for reasonable period, and thereafter sent
some letters to the respondent 1 to 3, but it seems
from the overall conduct of the respondents that,
they are not willing to take any further action in
making the payment and releasing the pension as
per the law in favour of the Applicant and therefore
there is no any other alternative but to file the
present Application.
3. The benefits were earlier not given to the Applicant-
Complainant on the ground (defence) that, he is not
he employee of the respondent; however this issue
has been finally decided by the Hon'ble Industrial
court by its order dated 29th July 2017.
4. On the oral persuasion from Applicant’s side, the
respondent authorities did not take affirmative
action, therefore the Applicant sent one letter dated
23.11.2017 to the respondent 1 to 3 and in response
to the said letter, the respondent no. 3 arrogantly
replied by mentioning in line no 2 stating therein
“____________________________”. Therefore it is very
clear, that, even after the decision, the respondent
deliberately dares to state in writing, contrary to
what this Hon'ble court held in its order dated 29th
July 2017. By arrogantly commenting contrary to the
order, the respondent made their mind and dares to
disobey, wilfully the order of this Hon’ble Court. The
Hon'ble Industrial Court at page 8 of the Judgement
clearly held that-
 “In view of these facts and circumstances, it is
sufficiently proved that the Complainant was
appointed by the Respondent No. 1 and 2, though
through Fish Farmers Development Agency,
Bhandara and his services subsequently came to be
regularized. Thus, the Respondents, by avoiding to
extend the benefits of pension and other retiral
benefits, have engaged in unfair labour practice as
complained of and therefore Complainant is entitled
for the relief as sought by him.”

5. That, the letter dated 20.12.2017 sent by

Respondent no. 3 clearly shows that, the
respondents are taking the order of this Hon'ble
Court in a very casual manner and it appears from
their conduct that they have no respect of this
Hon'ble Court’s order and thereby issued an evasive
response in the said letter dated 20.12.2017.
6. That, the aforesaid version of the respondents clearly
shows that they deliberately and willingly violates the
order of Hon'ble Industrial court and they clearly
made contempt of this Hon'ble Industrial court. The
arrogance of the respondents in their letter dated
20.12.2017 is clear attempt to disrepute the dignity
of Hon'ble Industrial court. By writing such a letter
the respondent wilfully interferes in judgment by
stating contrary to finding, thereby this is a
calculated attempt to disrepute status and dignity of
Hon'ble Industrial court, this also amounts to
lowering of the authority of Industrial Court
Bhandara.
7. However, by this application the Present applicant
wants to recover the amount from the respondents,
therefore he is filing this claim against them. The
respondents 1 to 3 are liable to pay jointly and
severally, the amounts as per the calculation made
 as per schedule attached herewith along with this
application.
8. It is therefore necessary to pass order and direct the
respondents to pay the amounts and if they do not
pay smoothly, the precept will be required to be sent
to the collector to recover the said amount from the
respondents, as arrears of land revenue, and pay the
said amount to the Applicant.
9. That, the present Applicant is running 68 years of
age and he is infirm, weak and suffering from various
ailments, and in such a state of old age the Applicant
is not having any money to maintain himself and
presently he is living in a miserable condition, inspite
of hiving a right over the pension amount. The
Applicant honestly served the respondents for many
years till retirement and now living unhappy life only
due to Respondent’s act of depriving him from the
pensionary benefits. If such a situation continues for
some more days or months, he will die without any
benefit. He is retired on 30.06.2010, and since then
he is living without pension amount, and forced to
climb stairs of the court at this old age.
10. Claim of the Applicant: The applicant Claims Rs.
4,37,255/- as principal amount of pension plus
interest of Rs. 1,50,696 total comes to Rs.
5,87,951/- as per the calculation of as per
schedule attached herewith. The Applicant
further Claims Penal interest at the rate of 18 %
till its realisation. The Applicant further claims
pension amount for further period along with the
interest at the rate granted by this Hon'ble court
in its Judgment dated 29.07.2017.
11. The order passed by this Hon'ble court is dated
29.07.2017 and therefore this application is within
the period of limitation of one year prescribed by law.
 12. That the applicant sent letters on 23.11.2017 and
03.02.2018 to the respondents and the respondents
received the same. The copies of said letters are filed
on record, however none of the respondents take
efforts to release the pension amount to the
Applicant till this date.

Hence this application for recovery of amount.

Prayer: - It is therefore most humbly and

respectfully prayed that this Hon'ble court may
kindly be pleased to:-
i. Direct the Non applicants Respondents to
pay the amount of pension and interest
thereon as per the calculation made in the
schedule attached herewith, with further
amount of pension for further period till the
date of realisation with rate of interest as
already granted and further penal interest.
ii. Direct the Non applicants respondents to
pay the amount immediately.
iii. Direct the collector Bhandara to recover the
said amount from the Non applicants
respondents, if the Respondents are not
ready to pay the amount smoothly.
iv. Any other relief this Hon’ble court deems fit
in the circumstances.

Bhandara

Dated: 28.03.2018 Applicant

Counsel for Applicant.

SOLEMN AFFIRMATION
I, Shri. Bapurao s/o Laxman Dhale aged about 68 yrs,
Occupation retired, r/o Shivaji Chowk, Main Road,
Dhapewada-441501, Tah: Kalmeshwar, Dist: Nagpur, do
hereby state on oath that, I am the applicant in this case and
I am fully aware about the facts and circumstances of the
case. The Application under section 50 of MRTU and PULP act
is drafted by my counsel according to instructions given by
me and contents of the said application after drafting are
explained to me in vernacular i.e, in Marathi language and
after having understood the same, I say that, the contents are
true and correct to best of my knowledge and belief. I have
along with the application filed the schedule of the amount of
pension receivable from the respondents. The said calculation
is correct as per my knowledge. The amount mentioned in
said schedule is to be recovered from the respondents. The
contents of the application as well as the contents and
calculation shown in Schedule is true and correct to best of
my knowledge and belief and hence verified and signed the
application and the schedule on this 28th day of March 2017,
at Bhandara.

Deponent-Applicant
(Bapurao S/o Laxman Dhale)
I know the deponent,
He has signed before me

(Adv. S. V. Lakhanikar)